Legal Question in Wills and Trusts in New Jersey

Re: 9 months uncontested will - no receipt of inheritance

Your story is not all that unusual. Many cash legacies are not paid until after the estate tax returns are filed [9 months after death].

However, I suggest you write [or have your attorney write] to the estate attorney and the executors and advise them that cash legacies are entitled to interest if they are not paid within one year...At a mimimum, that will let them know that you are serious about getting paid and that you expect payment soon.

Re: 9 months uncontested will - no receipt of inheritance

I agree with Jon. Since your sons are not immediate family, their legacy is subject to NJ Inheritance Taxes, and funds are frozen until the Executor gets a Waiver from the State, which can only be issued after the return is filed, reviewed and approved. The return is due within 8 months of the date of death, and can take months to process, which may explain the delay. Also, not seeing the Will, I do not know who may be responsible for the tax that is due, the estate or the legatee. I suggest mentioning in the letter they will write that if there is some available cash, an advance be paid now, with the balance to be paid after the Waiver is issued.